Senate Bill sb1334
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Florida Senate - 2004 SB 1334
By Senator Lynn
7-853-04
1 A bill to be entitled
2 An act relating to community residential homes;
3 amending s. 419.001, F.S.; authorizing a
4 sponsoring agency that does not have a contract
5 with the Department of Children and Family
6 Services to establish a community residential
7 home for six or fewer residents in a
8 single-family or multifamily zone without first
9 obtaining approval from the local government;
10 authorizing a sponsoring agency that has a
11 contract with the department to provide
12 specified services to establish a community
13 residential home for six or fewer residents in
14 a multifamily zone without first obtaining
15 approval from the local government; prohibiting
16 a sponsoring agency that has a contract with
17 the department to provide specified services
18 from establishing a community residential home
19 for six or fewer residents in an area zoned for
20 single families without first obtaining
21 approval from the local government; requiring
22 that a sponsoring agency planning to establish
23 a community residential home notify the chief
24 executive officer of the local government and
25 provide specified information; providing an
26 effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
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30 Section 1. Subsections (2) and (3) of section 419.001,
31 Florida Statutes, are amended to read:
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Florida Senate - 2004 SB 1334
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1 419.001 Site selection of community residential
2 home.--
3 (2)(a) Homes of six or fewer residents which otherwise
4 meet the definition of a community residential home shall be
5 deemed a single-family unit and a noncommercial, residential
6 use for the purpose of local laws and ordinances.
7 (b) Homes of six or fewer residents which otherwise
8 meet the definition of a community residential home and do not
9 have a contract with the department to provide supervision or
10 care shall be allowed in single-family or multifamily zoning
11 without approval by the local government, if the provided that
12 such homes are shall not be located within a radius of 1,000
13 feet of another existing such home with six or fewer
14 residents. These Such homes with six or fewer residents shall
15 not be required to comply with the notification provisions of
16 this section; provided, however, that the sponsoring agency or
17 the department must notify notifies the local government at
18 the time of home occupancy that the home is licensed by the
19 department.
20 (c)1. Homes of six or fewer residents which otherwise
21 meet the definition of a community residential home and have a
22 contract with the department to provide supervision or care
23 shall be allowed in multifamily zoning without approval by the
24 local government. Such homes may not be located within a
25 radius of 1,000 feet of another existing home with six or
26 fewer residents. These homes are not required to comply with
27 the notification provisions of this section; however, the
28 sponsoring agency or the department must notify the local
29 government at the time of home occupancy that the home is
30 licensed by the department.
31
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Florida Senate - 2004 SB 1334
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1 2. Homes of six or fewer residents which otherwise
2 meet the definition of a community residential home and have a
3 contract with the department to provide supervision or care
4 shall be allowed in single-family zoning with the approval of
5 the local government. Such homes may not be located within a
6 radius of 1,000 feet of another existing home with six or
7 fewer residents. These homes must comply with the notification
8 provisions of this section.
9 (3)(a) When a site for a community residential home
10 has been selected by a sponsoring agency in an area zoned for
11 multifamily units or when a site for a home with six or fewer
12 residents has been selected by a sponsoring agency in an area
13 zoned for single-family units, the agency must shall notify
14 the chief executive officer of the local government in writing
15 and include in such notice the specific address of the site,
16 the residential licensing category, the number of residents,
17 and the community support requirements of the program. The
18 Such notice must shall also contain a statement from the
19 district administrator of the department indicating the need
20 for and the licensing status of the proposed community
21 residential home and specifying how the home meets applicable
22 licensing criteria for the safe care and supervision of the
23 clients in the home. The district administrator shall also
24 provide to the local government the most recently published
25 data compiled that identifies all community residential homes
26 in the district in which the proposed site is to be located.
27 The local government shall review the notification of the
28 sponsoring agency in accordance with the zoning ordinance of
29 the jurisdiction.
30 (b) Pursuant to this such review, the local government
31 may:
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Florida Senate - 2004 SB 1334
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1 1. Determine that the siting of the community
2 residential home is in accordance with local zoning and
3 approve the siting. If the siting is approved, the sponsoring
4 agency may establish the home at the site selected.
5 2. Fail to respond within 60 days. If the local
6 government fails to respond within 60 days such time, the
7 sponsoring agency may establish the home at the site selected.
8 3. Deny the siting of the home.
9 (c) The local government may shall not deny the siting
10 of a community residential home unless the local government
11 establishes that the siting of the home at the site selected:
12 1. Does not otherwise conform to existing zoning
13 regulations applicable to other multifamily uses in the area.
14 2. Does not meet applicable licensing criteria
15 established and determined by the department, including
16 requirements that the home be located to assure the safe care
17 and supervision of all clients in the home.
18 3. Would result in such a concentration of community
19 residential homes in the area in proximity to the site
20 selected, or would result in a combination of such homes with
21 other residences in the community, such that the nature and
22 character of the area would be substantially altered. A
23 community residential home that is located within a radius of
24 1,200 feet of another existing community residential home in a
25 multifamily zone is shall be an overconcentration of community
26 residential such homes which that substantially alters the
27 nature and character of the area. A community residential
28 home that is located within a radius of 500 feet of an area of
29 single-family zoning substantially alters the nature and
30 character of the area.
31 Section 2. This act shall take effect July 1, 2004.
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2 SENATE SUMMARY
3 Authorizes a sponsoring agency that does not have a
contract with the Department of Children and Family
4 Services to establish a community residential home for
six or fewer residents in a single-family or multifamily
5 zone without first obtaining approval from the local
government. Authorizes a sponsoring agency that has a
6 contract with the department to provide specified
services to establish a community residential home for
7 six or fewer residents in a multifamily zone without
first obtaining approval from the local government.
8 Prohibits a sponsoring agency that has a contract with
the department to provide specified services from
9 establishing a community residential home for six or
fewer residents in an area zoned for single families
10 without first obtaining approval from the local
government. Requires that a sponsoring agency planning to
11 establish a community residential home notify the chief
executive officer of the local government and provide
12 specified information.
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